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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1958 Jurisprudence                 

  • G.R. No. L-11394 September 9, 1958 - MANUEL S. ARANETA v. JUAN ARREGLADO

    104 Phil 529

  • G.R. No. L-11181 September 17, 1958 - U.P. RECREATION CLUB, INC. v. ALTO SURETY & INSURANCE CO., ET AL.

    104 Phil 534

  • G.R. No. L-11587 September 17, 1958 - BACOLOD-MURCIA MILLING CO., INC. v. EULALIO DE LEON, ET AL.

    104 Phil 544

  • G.R. No. L-11813 September 17, 1958 - PEOPLE OF THE PHIL. v. JAIME SANTOS

    104 Phil 551

  • G.R. No. L-12129 September 17, 1958 - VISAYAN SURETY & INSURANCE CORPORATION v. CENTRAL BANK OF THE PHIL., ET AL.

    104 Phil 562

  • G.R. No. L-10654 September 23, 1958 - RAMON C. ROSALES, ET AL. v. MATEO V. TUPAZ, ET AL.

    104 Phil 570

  • G.R. No. L-12380 September 23, 1958 - APOLINARIO VALERIO v. SECRETARY OF AGRICULTURE AND NATURAL RESOURCES, ET AL.

    104 Phil 572

  • G.R. No. L-10666 September 24, 1958 - LIM HOA TING v. CENTRAL BANK OF THE PHILIPPINES

    104 Phil 573

  • G.R. No. L-11983 September 24, 1958 - ALFONSO ESGUERRA v. CECILIA MUÑOZ PALMA, ET AL.

    104 Phil 582

  • G.R. No. L-12536 September 24, 1958 - CONCEPCION G. BRIONES, ET AL. v. SERGIO OSMEÑA, ETC., ET AL.

    104 Phil 588

  • G.R. No. L-11786 September 26, 1958 - HARRY LYONS v. UNITED STATES OF AMERICA

    104 Phil 593

  • G.R. No. L-7731 September 29, 1958 - CENTRAL AZUCARERA DON PEDRO v. CENTRAL BANK OF THE PHILIPPINES

    104 Phil 598

  • G.R. No. L-11573 September 29, 1958 - VICENTE JAUCIAN v. PEDRO F. CALLOS

    104 Phil 603

  • G.R. No. L-11595 September 29, 1958 - DOMINGO DOCTOR v. JUSTICE OF THE PEACE, ET AL.

    104 Phil 609

  • G.R. No. L-11727 September 29, 1958 - GENATO COMMERCIAL CORPORATION v. COURT OF TAX APPEALS, ET AL.

    104 Phil 615

  • G.R. No. L-9733 September 30, 1958 - PEOPLE OF THE PHIL. v. PEDRO MASILUNGAN

    104 Phil 621

  • G.R. No. L-10055 September 30, 1958 - PAZ SCHULTZ v. REPUBLIC OF THE PHIL.

    104 Phil 636

  • G.R. No. L-10327 September 30, 1958 - UNITED EMPLOYEES WELFARE ASSOCIATION v. ISAAC PERAL BOWLINC ALLEYS

    104 Phil 640

  • G.R. No. L-10522 September 30, 1958 - J. M. TUASON & COMPANY v. RAMON VILLANUEVA, ET AL.

    104 Phil 643

  • G.R. No. L-10881 September 30, 1958 - EULOGIO DEL ROSARIO v. PRIMITIVO ABAD, ET AL.

    104 Phil 648

  • G.R. No. L-11092 September 30, 1958 - CENTRAL AZUCARERA DE TARLAC v. COLLECTOR OF INTERNAL REVENUE, ET AL.

    104 Phil 653

  • G.R. No. L-11153 September 30, 1958 - LEONARDO GARCIA v. FRANCISCO BONIFACIO and SIMPLICIO PEÑA

    104 Phil 656

  • G.R. No. L-11353 September 30, 1958 - MIGUEL FLORENDO, ET AL. v. COURT OF FIRST INSTANCE OF ILOCOS SUR, ET AL.

    104 Phil 661

  • G.R. Nos. L-12011-14 September 30, 1958 - PEOPLE OF THE PHIL. v. ALFONSO GATCHALIAN

    104 Phil 664

  • G.R. No. L-12560 September 30, 1958 - JOSE ROBLES v. ZAMBALES CHROMITE MINING COMPANY, ET AL.

    104 Phil 688

  •  





     
     

    G.R. No. L-10654   September 23, 1958 - RAMON C. ROSALES, ET AL. v. MATEO V. TUPAZ, ET AL. <br /><br />104 Phil 570

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-10654. September 23, 1958.]

    RAMON C. ROSALES, ET AL., Protestants-Appellants, v. MATEO V. TUPAZ, ET AL., protestees-appellees.

    Marcos M. Calo, Francisco Ro. Cupin and Tranquilino O. Calo, Jr. for Appellants.

    Apolonio D. Curato, Roque V. Andaya and Ismael B. Sanchez for Appellees.


    SYLLABUS


    1. ELECTIONS; PROTEST; DISMISSAL,; LACK OF CAUSE OF ACTION. — The original protest was erroneously dismissed, because the allegations of sub-paragraph (i) in relation to those of the preceding sub-paragraphs of paragraph 4 are to the effect that were it not for the irregularities, frauds, errors and violations of the Election Law enumerated in said allegations, the results of the election would have been different.

    2. ID.; ID.; AMENDMENT. — As the amended protest was filed when there was yet no trial and within a reasonable period, and the amendments consisted merely of clarifications of the allegations of the original protest, it was erroneously dismissed.


    D E C I S I O N


    PARAS, J.:


    In the general elections held on November 8, 1955, Mateo V. Túpaz, Filemon Durano, Godiardo Guillen, Teofilo H. Sanchez and Gabriel R. Banaag were on November 25, 1955, proclaimed by the City Board of Canvassers elected councilors of the City of Butuan. On December 6, 1955, Ramon Rosales and others filed their election protest, and on December 10, 1955, the protestees moved for the dismissal of the protest on the ground of lack of cause of action. The protest having been dismissed, the protestants filed on April 24, 1956 a motion for reconsideration and on April 25, 1956, an amended election protest. As the motion for reconsideration was denied and the amended election protest was not admitted for having been filed out of time, the protestants have appealed.

    The lower court dismissed the original protest on the ground that it states no allegation that the frauds, errors, irregularities and violation of election law mentioned therein would in any way alter the result of the election in favor of the protestees." This is erroneous, considering the allegations of sub-paragraph (i) of the protest, in relation to those contained in sub-paragraphs (a), (b), (c), (d), (e), (f), (g), and (h) of paragraph 4. As the last part of sub-paragraph (i) avers "which causes directly affected the election results in all precincts in the City of Butuan in favor of the protestees and against the protestants", a reasonable construction would be that the word "causes" refers to the irregularities, frauds, errors, and violations of the Election Law enumerated in the preceding sub-paragraphs (a), (b), (c), (d), (e), (f), (g), and (h) and in the first part of sub-paragraph (i). In other words, were it not for the existence of those "causes", the results of the election would have been different, and the protestants should have won and the protestees would have lost.

    Accordingly, the amended protest filed by the appellants should not have been dismissed. No new grounds were inserted therein, the amendments consisting merely of clarifications of the allegations of the original protest. There was as yet no trial, and it was filed within a reasonable period. Wherefore, the appealed order of dismissal is hereby set aside and the lower court is ordered to give due course to the protest. So ordered.

    Bengzon, Reyes, A., Bautista Angelo, Labrador, Concepcion and Endencia, JJ., concur.

    G.R. No. L-10654   September 23, 1958 - RAMON C. ROSALES, ET AL. v. MATEO V. TUPAZ, ET AL. <br /><br />104 Phil 570


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